Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information

  title={Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information},
  author={Yochai Benkler},
  journal={Berkeley Technology Law Journal},
  • Y. Benkler
  • Published 1999
  • Law
  • Berkeley Technology Law Journal
In late September of 1999 two committees of the House of Representatives reported to the House two radically different bills for protecting database providers. One bill, H.R. 354, is unconstitutional. The other, H.R. 1858, probably is constitutional. The paper analyzes the differences between the two bills as a test case for the constitutional bounds within which Congress is empowered to regulate the production and exchange of information by creating private rights. It suggests that the… 

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В статье производится анализ агрегированной производственной функции, вводится аппарат, позволяющий различать движение вдоль такой функции от ее сдвигов. На основании сделанных в статье предположений